UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X Docket #: 02 Civ. 2222
DEBORAH LEVINSON, et. al., Individually and on Behalf of all Others Similarly Situated,Plaintiffs,
-against-
ABOUT.COM, INC.,
Defendant.
-------------------------------------------------------------X
NOTICE OF CLASS ACTION AND YOUR RIGHTS
TO: Persons who entered into a "1997 contract" or a "1999 contract" ("the contracts") with defendant About.com (or its predecessor The Mining Company) to build, maintain and enhance a specified Internet website for the defendant and under such contract(s) were promised a specified percentage of defendant's net advertising revenue and/or net transaction revenue and/or net syndication revenue.
1. Description of the Lawsuit
Seventy-Nine persons (the "Named Plaintiffs") who had entered into a "1997 contract" or a "1999 contract" ("the contracts") with defendant About.com (or its predecessor The Mining Company) to build, maintain and enhance a specified Internet website(s) for the defendant brought or subsequently joined the above-captioned lawsuit (the "Lawsuit") against Defendant About.com in 2002.
The Named Plaintiffs assert that Defendant failed to pay them the compensation due them pursuant to the terms of the 1997 and 1999 contracts. The Named Plaintiffs for themselves and for all others similarly situated have sought recovery of unpaid compensation.
Defendant has denied and continues to deny any liability or wrongdoing, and denies any and all liability and damages to anyone with respect to the alleged facts or causes of action asserted in the Lawsuit.
The Lawsuit is presently pending before the Honorable Deborah A. Batts, United States District Court, Southern District of New York. The Court has allowed a portion of the lawsuit to proceed as a Class Action (the "Class" or "Class Action") and Ordered all members of the Class be sent this notice at their last known address. The Court has not decided the merits of the dispute. There is no money available now to pay the claims asserted in this case and no guarantee there will be in the future. Each Class Member, as defined below, has the right to decide whether they wish to Opt-Out or exclude themselves from the Class Action. If you wish to do so, the required process is set forth below.
2. Purpose of this Notice
If you entered into a "1997 contract" and/or a "1999 contract" ("the contracts") with defendant About.com (or its predecessor The Mining Company) to build, maintain and enhance a specified Internet website(s) for the defendant, and you were denied by defendant pay of the specified percentage of defendant's net advertising revenue and/or net transaction revenue and/or net syndication revenue promised by such contract, please read this Notice carefully. It contains important information about your rights concerning the class action described below.
This Notice explains the nature of the lawsuit, and informs you of your legal rights and obligations. This Notice should not be understood as an expression of any opinion by the Court as to the merits of any of the claims or defenses asserted by the parties.
3. Class Definitions
This action is brought on behalf of all members of the Class (also referred to as "Class Members"). The Class is defined as the class of persons who entered into a "1997 contract" or a "1999 contract" ("the contracts") with defendant About.com (or its predecessor The Mining Company) to build, maintain and enhance a specified Internet website for the defendant, and; were denied by defendant pay of the specified percentage of defendant's net advertising revenue and/or net transaction revenue and/or net syndication revenue promised by such contract.
4. Class Counsel
The Court also appointed as Class Counsel the following attorneys:
Leon Greenberg of 633 South Fourth Street Suite #4, Las Vegas, Nevada, 81901
Michael Shen of 150 W. 80th Street, Suite 6B New York, New York 10024
If you wish to communicate with Class Counsel because you have questions about this notice you should contact Leon Greenberg at (702) 383-6085 or write him at the above address or send him an email at [email protected]. Email communications are preferred.
You may enter an appearance through your own separate counsel if you so desire. You need not retain an attorney to represent you and appear in this case and if you fail to do so you will be represented by Class Counsel.
5. Participation in the Class Action - Your Options
a. If you WANT to participate in the Class Action.
You should do nothing. If you do nothing, you will be bound by the judgment in this class action, and the judgment in this class action whether favorable or unfavorable will include and be binding on all members of the Class who do not request exclusion in a timely manner as explained in paragraph b.
b. If you do NOT WANT to participate in the Class Action.
You must complete the attached Opt Out Form, and submit it to Class Counsel at the address below, with a copy to Defendants' Counsel at the address below. The Opt Out Form must be postmarked no later than September 6, 2009 and must include your full name and your address. You must personally sign the Form. The Court will exclude from the class any member who requests exclusion as set forth in this paragraph.
If you do not follow these instructions for excluding yourself from the class, you will be bound by the Court's final judgment, which will determine all of your legal rights in connection with the subject matter of the Class Action.
6. The Right to Examine Court Records
The foregoing description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, you may visit the Clerk of Court, United States District Court, Southern District of New York, 500 Pearl Street, New York, NY 10007. The Clerk will make all files relating to this lawsuit available to you for inspection and copying at your own expense.
7. Inquiries
Any questions you or your attorney has concerning this Notice should be directed to Leon Greenberg in writing at 633 South Fourth Street Suite #4, Las Vegas, Nevada, 89101 or you may telephone (702) 383-6085 or send him an email at [email protected]. Email communications are preferred.
8. Addresses for Opt Out (Exclusion) Forms:
If you elect to Opt Out (Exclude Yourself) from the Class you must send copies of the attached Opt Out Form to EACH of the following, such form must be postmarked by September 6, 2009 and ultimately received by September 16, 2009:
Send the original signed form to:
Leon Greenberg, Esq., 633 South Fourth Street Suite #4, Las Vegas, Nevada, 89101.Send a copy to Class Counsel Defendant's Counsel:
Robert S. Whitman, Seyfarth Shaw LLP, 620 Eighth Avenue, New York, NY 10018.IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT CLASS COUNSEL AT THE ADDRESS LISTED ABOVE, OR COUNSEL OF YOUR OWN CHOOSING AND AT YOUR OWN EXPENSE. PLEASE DO NOT CONTACT THE COURT OR THE CLERK OF THE COURT.
Dated: August 7, 2009
This Notice is sent to you by Order of the United States District Court for the Southern District of New York.
OPT OUT FORM
DEBORAH LEVINSON v. ABOUT.COM, INC., Docket #: 02 Civ. 2222
Please type or print the following information:
1. I,_____________________________, DO NOT wish to join in the Class Action.
(Print Your Name)2. My present address is:_____________________________________
_________________________________________________________
_________________________________________________________3. [Optional] My home phone number is: ________________________
My e-mail address is: _______________________________________
4. I am a member of the Class described in the Notice. However, I do not wish to participate in the Class and hereby opt out of the class. I understand and acknowledge that I will not be bound by the judgment in the Lawsuit and shall receive no benefit from the Lawsuit if there is a judgment in favor of the Class and will remain free to pursue in a separate lawsuit if I wish any legal claims I may have against Defendant that are part of the Class claims even if there is a judgment against the Class in the Lawsuit.
_______________________________
[Signature, preferably in blue ink]Date:
NAME AND ADDRESS OF YOUR ATTORNEY (if any):
_______________________________
_______________________________
_______________________________
